State board sends mental‑health‑screeners rule back to committee then approves amended version

The Utah State Board of Education voted Wednesday to approve R277‑625 (mental health screeners) on second and final reading after a board amendment to align the rule with recent statutory language on fund distribution.

Board member Earl opened the item by asking the board to bring the failed rule back for reconsideration, saying he had reviewed recent statute changes and found a discrepancy between the rule and the new law. Earl said he would offer an amendment to “align with law and not go beyond the scope of the law.”

Earl moved to strike lines 143–152 from draft 2 of the rule so the distribution language in the rule would mirror the statute’s requirement to distribute funds “on an as needed basis” to participating LEAs. Vice Chair Ballinger and other members asked how LEAs would document eligibility; proponents said participating LEAs would justify their need in applications and that the struck provisions previously added extra criteria that the statute no longer requires.

The board voted to adopt the line‑striking amendment and then approved R277‑625 as amended. The final board tally was 12 in favor, one opposed; Member Green registered the lone no vote.

Why it matters: The vote clarifies that the board’s rule will follow the legislature’s new direction on distributing these funds and reduces administrative criteria previously included in the rule text. The board’s action puts the amended rule into effect on second and final reading.

What’s next: The amended rule will be posted in board rulemaking records. Board members asked staff and the superintendency to clarify application/eligibility guidance for LEAs to reduce later disputes over discretionary distributions.